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To amend section 2919.121 of the Revised Code to
revise the procedures governing a hearing by which
a court may permit a pregnant minor to consent to
an abortion or by which a court may give judicial
consent for a pregnant minor to have an abortion
and to require a court to make its findings with
respect to such a hearing by clear and convincing
evidence.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 2919.121 of the Revised Code be
amended to read as follows:

Sec. 2919.121. (A) For the purpose of this section, a minor
shall be considered "emancipated" if the minor has married,
entered the armed services of the United States, become employed
and self-subsisting, or has otherwise become independent from the
care and control of her parent, guardian, or custodian.

(B) No person shall knowingly perform or induce an abortion
upon a pregnant minor unless one of the following is the case:

(1) The attending physician has secured the informed written
consent of the minor and one parent, guardian, or custodian;

(2) The minor is emancipated and the attending physician has
received her written informed consent;

(3) The minor has been authorized to consent to the abortion
by a court order issued pursuant to division (C) of this section,
and the attending physician has received her informed written
consent;

(4) The court has given its consent in accordance with
division (C) of this section and the minor is having the abortion
willingly.

(C) The right of a minor to consent to an abortion under
division (B)(3) of this section or judicial consent to obtain an
abortion under division (B)(4) of this section may be granted by a
court order pursuant to the following procedures:

(1) The minor or next friend shall make an application to the
juvenile court of the county in which the minor has a residence or
legal settlement,or the juvenile court of any county that borders
the county in which she has a residence or legal settlement, or
the juvenile court of the county in which the facility in which
the abortion would be performed or induced is located. The
juvenile court shall assist the minor or next friend in preparing
the petition and notices required by this section. The minor or
next friend shall thereafter file a petition setting forth all of
the following: the initials of the minor; her age; the names and
addresses of each parent, guardian, custodian, or, if the minor's
parents are deceased and no guardian has been appointed, any other
person standing in loco parentis of the minor; that the minor has
been fully informed of the risks and consequences of the abortion;
that the minor is of sound mind and has sufficient intellectual
capacity to consent to the abortion; that the minor has not
previously filed a petition under this section concerning the same
pregnancy that was denied on the merits; that, if the court does
not authorize the minor to consent to the abortion, the court
should find that the abortion is in the best interests of the
minor and give judicial consent to the abortion; that the court
should appoint a guardian ad litem; and if the minor does not have
private counsel, that the court should appoint counsel. The
petition shall be signed by the minor or the next friend.

(2)(a) A hearing on the merits shall be held on the record as
soon as possible within five days of filing the petition. If the
minor has not retained counsel, the court shall appoint counsel at
least twenty-four hours prior to the hearing. The court shall
appoint a guardian ad litem to protect the interests of the minor
at the hearing. If the guardian ad litem is an attorney admitted
to the practice of law in this state, the court may appoint the
guardian ad litem to serve as the minor's counsel. At the hearing,
the court shall heardo all of the following:

(i) Hear evidence relating to the emotional development,
maturity, intellect, and understanding of the minor; the nature,
possible consequences, and alternatives to the abortion; and any
other evidence that the court may find useful in determining
whether the minor should be granted the right to consent to the
abortion or whether the abortion is in the best interests of the
minor;

(ii) Specifically inquire about the minor's understanding of
the possible physical and emotional complications of abortion and
how the minor would respond if the minor experienced those
complications after the abortion;

(iii) Specifically inquire about the extent to which anyone
has instructed the minor on how to answer questions and on what
testimony to give at the hearing.

If(b) If the minor or her counsel fail to appear for a
scheduled hearing, jurisdiction shall remain with the judge who
would have presided at the hearing.

(3) If the court finds by clear and convincing evidence that
the minor is sufficiently mature and well enough informed to
decide intelligently whether to have an abortion, the court shall
grant the petition and permit the minor to consent to the
abortion.

If the court finds by clear and convincing evidence that the
abortion is in the best interests of the minor, the court shall
give judicial consent to the abortion, setting forth the grounds
for its finding.

If the court does not make either of the findings specified
in division (C)(3) of this section, the court shall deny the
petition, setting forth the grounds on which the petition is
denied.

The court shall issue its order not later than twenty-four
hours after the end of the hearing.

(4) No juvenile court shall have jurisdiction to rehear a
petition concerning the same pregnancy once a juvenile court has
granted or denied the petition.

(5) If the petition is granted, the informed consent of the
minor, pursuant to a court order authorizing the minor to consent
to the abortion, or judicial consent to the abortion, shall bar an
action by the parents, guardian, or custodian of the minor for
battery of the minor against any person performing or inducing the
abortion. The immunity granted shall only extend to the
performance or inducement of the abortion in accordance with this
section and to any accompanying services that are performed in a
competent manner.

(6) An appeal from an order issued under this section may be
taken to the court of appeals by the minor. The record on appeal
shall be completed and the appeal perfected within four days from
the filing of the notice of appeal. Because the abortion may need
to be performed in a timely manner, the supreme court shall, by
rule, provide for expedited appellate review of cases appealed
under this section.

(7) All proceedings under this section shall be conducted in
a confidential manner and shall be given such precedence over
other pending matters as will ensure that the court will reach a
decision promptly and without delay.

The petition and all other papers and records that pertain to
an action commenced under this section shall be kept confidential
and are not public records under section 149.43 of the Revised
Code.

(8) No filing fee shall be required of or court costs
assessed against a person filing a petition under this section or
appealing an order issued under this section.

(9) Nothing in division (C) of this section shall constitute
a waiver of any testimonial privilege provided under the Revised
Code or at common law.

(D) It is an affirmative defense to any civil, criminal, or
professional disciplinary claim brought under this section that
compliance with the requirements of this section was not possible
because an immediate threat of serious risk to the life or
physical health of the minor from the continuation of her
pregnancy created an emergency necessitating the immediate
performance or inducement of an abortion.

(E) Whoever violates division (B) of this section is guilty
of unlawful abortion, a misdemeanor of the first degree. If the
offender previously has been convicted of or pleaded guilty to a
violation of this section, unlawful abortion is a felony of the
fourth degree.

(F) Whoever violates division (B) of this section is liable
to the pregnant minor and her parents, guardian, or custodian for
civil, compensatory, and exemplary damages.

Section 2. That existing section 2919.121 of the Revised Code
is hereby repealed.